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FINAL DRAFT VERSION TO BE VOTED UPON BY THE ALAC

ALAC Statement on the Draft Final Report on Protection of IGO and INGO Identifiers

This ALAC Statement is intended to serve the triple purpose of being a reply to the Public Comment on the Draft Final Report on Protection of IGO and INGO Identifiers in All gTLDs, an ALAC Minority Statement to be attached to the Final Report (modified as necessary based on the content of the Final Report compared to the draft version), and a Statement of Advice to the ICANN Board.

The ALAC has made a number of statements on the protection of IGO and INGO names, and has participated actively in all GNSO activities related to this topic. Our views specific outcomes of this PDP are at the end of this statement.

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1. ICANN should grant special protection to organizations that further the public interest and in particular, those with a strong track record of humanitarian activities. However, such protections should only be granted where there is a history or reasonable expectation that the lack of protections would lead to the misrepresentation of the organizations, fraud, deliberate confusion, or other malfeasance.
2. Such protections, when granted, should not unreasonably impinge on the ability of others with a valid right to use the protected string, from registering such names for uses which do not negatively impact the protected organization nor use to the protected name with the intent to deceive users. Formal trademarks should not be necessary to demonstrate such a right. [Footnote: Although not a gTLD, cern.ca is a good example. The Centre d'exposition de Rouyn-Noranda in northern Quebec has no connection or even a vague relationship with the Conseil Européen pour la Recherche Nucléaire, but they do happen to share an acronym. In the gTLD space, Olympic.diy is a prime example of a new registration that might not be allowed under the proposed rules even though the TLD (diy = Do-it-yourself) is a logical registration for Olympic Paints.]
3. The procedures used to grant the protection exceptions identified in number 2 . must be both inexpensive and fast.
4. No top level protections are necessary. Existing or new objection processes are sufficient.

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